TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b.]

Title 1 enacted 1872.

§§ [1067.]–1110b · 43 sections

1. CHAPTER 1. Writ of Review [[1067.] - 1077.] §§ [1067.]–1077 · 12 sections

   • § [1067.] Section Ten Hundred and Sixty-seven. The writ of certiorari may be denominated the writ of review.
   • § 1068 (a) A writ of review may be granted by any court when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of…
   • § 1069 The application must be made on the verified petition of the party beneficially interested, and the court may require a notice of the application to be given…
   • § 1069.1 The provisions of Section 1089 as to a return by demurrer or answer apply to a proceeding pursuant to this chapter.
   • § 1070 The writ may be directed to the inferior tribunal, Board, or officer, or to any other person having the custody of the record or proceedings to be certified.…
   • § 1071 The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ at a time and place then or thereafter…
   • § 1072 If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ; these words may be inserted or omitted, in the sound…
   • § 1073 The writ must be served in the same manner as a summons in civil action, except when otherwise expressly directed by the Court.
   • § 1074 The review upon this writ cannot be extended further than to determine whether the inferior tribunal, Board, or officer has regularly pursued the authority of…
   • § 1075 If the return of the writ be defective, the Court may order a further return to be made. When a full return has been made, the Court must hear the parties, or…
   • § 1076 A copy of the judgment, signed by the Clerk, must be transmitted to the inferior tribunal, Board, or officer having the custody of the record or proceeding…
   • § 1077 A copy of the judgment, signed by the Clerk, entered upon or attached to the writ and return, constitute the judgment roll.
2. CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] §§ [1084.]–[1097.] · 21 sections

   • § [1084.] The writ of mandamus may be denominated a writ of mandate.
   • § 1085 (a) A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law…
   • § 1085.5 Notwithstanding this chapter, in any action or proceeding to attack, review, set aside, void, or annul the activity of the Director of Food and Agriculture…
   • § 1086 The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It must be issued upon the…
   • § 1087 The writ may be either alternative or peremptory. The alternative writ must command the party to whom it is directed immediately after the receipt of the writ,…
   • § 1088 When the application to the court is made without notice to the adverse party, and the writ is allowed, the alternative must be first issued; but if the…
   • § 1088.5 In a trial court, if no alternative writ is sought, proof of service of a copy of the petition need not accompany the application for a writ at the time of…
   • § 1089 On the date for return of the alternative writ, or on which the application for the writ is noticed, or, if the Judicial Council shall adopt rules relating to…
   • § 1089.5 Where a petition for writ of mandate is filed in the trial court pursuant to Section 1088.5, and where a record of the proceedings to be reviewed has been…
   • § 1090 If a return be made, which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the…
   • § 1091 On the trial, the applicant is not precluded by the return from any valid objection to its sufficiency, and may countervail it by proof either in direct denial…
   • § 1092 The motion for new trial must be made in the Court in which the issue of fact is tried.
   • § 1093 If no notice of a motion for a new trial be given, or if given, the motion be denied, the Clerk, within five days after rendition of the verdict or denial of…
   • § 1094 If no return be made, the case may be heard on the papers of the applicant. If the return raises only questions of law, or puts in issue immaterial statements,…
   • § 1094.5 (a) Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in…
   • § 1094.6 (a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code,…
   • § 1094.8 (a) Notwithstanding anything to the contrary in this chapter, an action or proceeding to review the issuance, revocation, suspension, or denial of a permit or…
   • § 1094.9 (a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing…
   • § 1095 If judgment be given for the applicant, the applicant may recover the damages which the applicant has sustained, as found by the jury, or as may be determined…
   • § 1096 The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the Court. Service upon a…
   • § [1097.] If a peremptory mandate has been issued and directed to an inferior tribunal, corporation, board, or person, and it appears to the court that a member of the…
3. CHAPTER 3. Writ of Prohibition §§ 1102–1105 · 4 sections

   • § 1102 The writ of prohibition arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions, when such proceedings are without…
   • § 1103 (a) A writ of prohibition may be issued by any court to an inferior tribunal or to a corporation, board, or person, in all cases where there is not a plain,…
   • § 1104 The writ must be either alternative or peremptory. The alternative writ must command the party to whom it is directed to desist or refrain from further…
   • § 1105 The provisions of the preceding Chapter, except of the first four sections thereof, apply to this proceeding.
4. CHAPTER 4. Writs of Review, Mandate, and Prohibition May Issue and Be Heard at Chambers §§ 1107–1108 · 2 sections

   • § 1107 When an application is filed for the issuance of any prerogative writ, the application shall be accompanied by proof of service of a copy thereof upon the…
   • § 1108 Writs of review, mandate, and prohibition issued by the Supreme Court, a court of appeal, or a superior court, may, in the discretion of the court issuing the…
5. CHAPTER 5. Rules of Practice and Appeals §§ 1109–1110b · 4 sections

   • § 1109 Except as otherwise provided in this Title, the provisions of Part II of the Code are applicable to and constitute the rules of practice in the proceedings…
   • § 1110 The provisions of Part II of this Code relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this Title, apply…
   • § 1110a If an appeal be taken from an order or judgment directing the issuance of a writ of mandate commanding a party to deliver water, for irrigation purposes, such…
   • § 1110b If an appeal be taken from an order or judgment granting a writ of mandate the court granting the writ, or the appellate court, may direct that the appeal…